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Analysis On Record Review Of Normative Documents On Management Of Urban And Rural Planning By People’s Congress Of A County

Posted on:2014-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:J J TangFull Text:PDF
GTID:2266330425986836Subject:Law
Abstract/Summary:PDF Full Text Request
In2011, the county people’s government and the office of the county issued"implementation rules" and "rules" on urban and rural planning and management andtreatment of illegally built engineering. According to the "Regulations" and "HunanProvince Administration normative documents filing and examination regulations",relevant departments of the county people’s Government submitted the two normativedocuments to the county people’s Congress Standing Committee for the record review.County People’s Congress Standing Committee reviewed that the terms of the "Noticeof file power supply, water supply department to stop the supply of electricity forconstruction, water" had illegal created administrative compulsory measures."Failureto obtain construction project planning permit, shall not apply for certification orprocedures" and “the County Bureau of industry and Commerce shall not issuebusiness license for illegal construction of houses as business premises” illegallyprovided pre-conditions for civil behavior and administrative license.In this paper, from a review of two cases relating to the planning andmanagement of the normative documents of the government by the people’s CongressStanding Committee of the same level, an in-depth analysis is that the notice ofblackout or short of water supply is administrative compulsory measure. But it islack of legitimacy of clear rules and subject with legal authorization. In this case, thepaper also discusses the efficiency of the public administration and legal order valueposition, puts forward a plan of quantitative study of public interests, draws aconclusion that the legal order of the order of value is higher than the efficiency of thepublic administration. By comparison of common points of "cross mountain cases",the paper unearthed the profound connotation of the principle of law priority and theproportion principle in the administrative law theory.
Keywords/Search Tags:Record Review of Normative Documents, administrative compulsorymeasures, the efficiency of the public administration, legal order, the principle of lawpriority
PDF Full Text Request
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